Appeal No. 1999-2539 Page 4 Application No. 08/328,895 Rather than reiterate the conflicting viewpoints advanced by the examiner and the appellant regarding the above-noted rejection, we make reference to the first Office action (Paper No. 4, mailed September 28, 1995) and the answer (Paper No. 26, mailed January 11, 1999) for the examiner's complete reasoning in support of the rejection, and to the brief (Paper No. 25, filed November 16, 1998) and reply brief (Paper No. 27, filed March 3, 1999) for the appellant's arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellant's specification and claims, to the applied prior art references, and to the respective positions articulated by the appellant and the examiner. Upon evaluation of all the evidence before us, it is our conclusion that the evidence adduced by the examiner is insufficient to establish a prima facie case of obviousness with respect to the claims under appeal. Accordingly, we will not sustain the examiner's rejection of claims 1 to 3 and 5 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007